Izale-i Shuyu or disputes over the dissolution of the partnership, This is a type of multilateral action that puts an end to the general partnership existing between the partners in movable or immovable property subject to co-ownership or joint ownership and ensures the transition to personal ownership.
The subject of the legal action for the dissolution of the partnership; It is the resolution of disputes and disputes between partners by resolving the partnership through legal proceedings. Elimination of the partnership; This is possible in two ways, namely with Taksim Copy and Sales Copy:
- Izale-i Shuyu (Dissolution of partnership) Exactly like Taksim: It is the division of movable or immovable property exactly.
- Izale-i Shuyu by Sales (dissolution of the partnership): It is the sale of movable or immovable property by way of forced execution and the distribution of the price between the stakeholders.
- Izale-i Shuyu (Dissolution of partnership) Exactly like Taksim
Civil Code art. According to 699/2; If one of the parties wants to decide on the dissolution of the company by exactly dividing the community of property, the judge first finds out whether the same conditions for dividing exist. It is sufficient that only one of the parties makes a request for the same sharing of the goods. However, it must be investigated whether it is possible to divide exactly according to the area of the building subject to the lawsuit, its quality, the number of shares and shareholders, the quality of the agricultural land and the zoning legislation. If the building has suffered a significant loss in value, it cannot be decided to divide it exactly as it is.
If it is possible to share by dividing the same, if the values of the divided parts do not coincide, the equalization is obtained by adding money (ivaz) to the missing value. Unless there is an agreement between the parties involved, the judge cannot automatically decide to divide certain buildings by assigning some to certain parties and the rest to other parties.
- Izale-i Shuyu by Sales (dissolution of the partnership)
If it is not possible to divide the building exactly, it is decided to dissolve the company by sale. The sale of the immovable property is made by auction by the sales officer or the enforcement office. However, if all the stakeholders agree that the sale should be made between the partners, the sale only takes place between the partners.
In the event of dissolution of the company by sale, if there are assets (buildings, trees, etc.) on the building subject to the lawsuit, they must be sold with the building. If the content creates an increase in the value of the supply, the values of the supply and the content are determined separately on the date of the trial in order to determine this increase. These values are added together to find the total value of the property. On the price to be obtained at the end of the sale, the cost of the endowment is distributed among the shareholders, and the remaining amount is divided to be distributed to the shareholders in proportion to their shares.
Against whom is the partnership dissolution file filed?
Each of the intervening parties, partners in the movable or immovable co-ownership, may bring an action for the dissolution of the Company against the other intervening parties. In this case, the movable or real estate company is terminated and the company is requested. Stakeholders can end the partnership by reaching an agreement among themselves on how they will share ownership, or if an agreement cannot be reached, one of the stakeholders will be disadvantaged by all other stakeholders. the case of izale-i Şuyu may request the dissolution of the partnership by way of litigation.
In case of dissolution of the partnership, there is an obligatory friendship between the parties involved; All stakeholders must be involved in this matter. In the Izale-i Shuyu case, there is no winner or loser in the case, all parties in the case are affected equally.
Conflict over ownership of containment in the event of dissolution of the partnership
The building, tree, etc. in the building that is the subject of the proceedings for the dissolution of the company. if there is a dispute as to the ownership of the integral parts; If so, that dispute is subject to a separate lawsuit called “Content Ownership Determination.” In this case, the izale-i şüyu case will not be concluded until the case for determining the ownership of the property is concluded. In other words, the conclusion of the case for the determination of ownership becomes a pending issue. Because, after determination of the right of ownership on the contents of the building of which one requests the suppression of the company, the company is suppressed by including the complementary parts.
In the event that the goods belong to a third party other than the partners, it is not possible to include this person in the lawsuit as the owner of the goods and to attribute to him a share of the sale price.
In which court is the partnership dissolution file filed?
Competent court: The competent court in the event of dissolution of the partnership (izale-i şüyu) is the court of the place where the property is located.
Competent court: If it is the court in charge of the dissolution of the partnership (izale-i şüyu); This is the District Court.
The dissolution of partnership affairs should be followed by a lawyer, as this will protect the rights of the rights holder who wishes to convey personal assets, as well as the rights of all other stakeholders in the same way.